Central Information Commission
A K Malik vs Home Department Gnctd on 19 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/HMDPG/A/2024/612390
A K Malik .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Department of Home, Home-III,
Govt. of NCT of Delhi,
5th Level, C Wing, Delhi
Secretariat, I.P. Estate,
New Delhi - 110002 .... ितवादीगण /Respondent
Date of Hearing : 02.09.2025
Date of Decision : 18.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 15.01.2024
CPIO replied on : Not on record
First appeal filed on : 24.02.2024
First Appellate Authority's order : 12.03.2024
Compliance of FA order : 13.03.2024
2nd Appeal/Complaint dated : 20.03.2024
Information sought:
1. The Appellant filed an (online) RTI application dated 15.01.2024 seeking the following information:Page 1 of 6
"Home department of GNCTD is the cadre controlling authority for the post of Divisional Officer (DO), Deputy Chief Fire Officer (DCFO) & Chief Fire Officer (CFO) in Delhi Fire Service (DFS), you are requested to kindly provide the following information/record under the act mentioned above: -
1. Total number of sanctioned posts of CFO in DFS.
2. Total number of posts of CFO in DFS which are lying vacant since 01/02/2020.
3. Out of the vacant CFO posts in DFS, how many are to be filled by the promotion from the feeder cadre i.e. DCFO as prescribed in recruitment rules for the post of CFO.
4. Names of DCFOs who are going to complete the eligibility criteria for promotion to the post of CFO on the next cut-off date i.e. 01/01/2025.
5. Designation of the APAR Accepting Authority for the post of DO & DCFO.
6. Provide Name & Designation of the officer of GNCTD, responsible to maintain the APARs of DOs & DCFOs.
7. Provide certified copies of the undersigned APARs for the years 2017- 18, 2018-19, 2019-20, 2020-21, 2021-22 & 2022-23.
8. Provide certified copies of the communications made by concerned authority under the APAR rules with undersigned to disclose my APARs overall grade and assessment of my integrity for all the APARs of the years mentioned in point No.7."
2. Having not received any response from PIO, the Appellant filed a First Appeal dated 24.02.2024. The FAA vide its order dated 12.03.2024, held as under.
"1. It has been submitted before the undersigned that the original application made under the RTI Act was transferred to the PIO, Fire Department on 19.01.2024 with the request that the information sought be directly provided to the applicant.
2. However, it appears as if the requisite information has not been provided and no suitable reply has yet been provided to the appellant. And now, therefore, the appellant has come into appeal before the undersigned.
3. Accordingly, upon the hearing the submissions of both the PIO's as well as that of appellant, it is directed that the requisite information shall now be provided by the PIO, Fire Service Department within 03 days from today.Page 2 of 6
4. The appeal is disposed of accordingly."
3. In compliance of the FAA's order the PIO (Admn.), Delhi Fire Service furnished a reply dated 13.03.2024 to the Appellant as under:
"In reference to RTI ID-T-1388 dated 23.01.2024, the point wise requisite information is as under.
1. Copy of RRs for the post of CFO is enclosed.
2. Question not specific.
3. Same as point No.1.
4. Same as point No.1.
5. Point Nos. 05 to 08 Pertains to Home/Fire department being the cadre controlling authority for the post of DCFO."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Ms. Rakhi Singhal, Dy. Secretary, Home and Shri Rajesh Kukreja, Section Officer, Section Officer/PIO, Delhi Fire Service, appeared in person.
5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 20.03.2024 is not available on record. The Respondent confirmed non-service.
6. The Appellant inter alia submitted that except point No. 1 of the RTI application, no information was provided by the Respondent Authority.
7. Shri Rajesh Kukreja, Section Officer, Section Officer/PIO (DFS) while defending their case inter alia submitted that they had provided point-wise reply to the Appellant vide letter dated 13.03.2024. In response to query No. 2, he stated that total number of posts of CFO in DFS which are lying vacant since 01.02.2020 is 5. However, the same was not communicated to the Appellant.
8. Ms. Rakhi Singhal, Dy. Secretary, PIO (Home-Fire), submitted that she has filed a written submission dated 01.09.2025 disclosing complete facts of Page 3 of 6 the case and requested the Commission to place the same on record, copy. The relevant paras of the written submission are reproduced as under:
"On the above noted subject, it is to inform that, RTI dated 15.01.2024 filed by Sh. AK Malik was transferred to the PIO, Delhi Fire Service vide this office letter dated 19.01.2024. The appellant was replied by the PIO, Delhi Fire Service vide letter dated 13.03.2024(copy enclosed) after the 1st appellate authority order dated 12.03.2024. In this regard, the submission with respect to the point No. 5 to 8, is as under:-
5-6. As per record in the Fire Branch of Home Department, such information is not available. However, APAR of the officers concerned are sought from Delhi Fire Service as and when required on account of their promotion etc.
7. The APARs of the concerned officer are to be reported and reviewed at the level of Delhi Fire Service. Hence, the information sought is not available in this office.
8. The disclosure of APAR is to be done at the level of Delhi Fire Service after reporting and reviewing so the information sought is not available in this office."
9. In response to the query of the Commission, Ms. Rakhi Singhal, Dy.
Secretary, PIO (Home-Fire), submitted that ACR of the Appellant was not available with her as dossier comes to her for the purpose of DPC only. Thus, she pleaded that information sought related to pertained to the APARs is available with the DFS only.
Decision:
10. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that Appellant had sought specific, point-wise information regarding sanctioned/vacant posts of CFO in DFS, eligibility of DCFOs for promotion, APAR-related details, and certified copies of his own APARs. Except for point no. 1, the reply provided by the Respondents was found to be incomplete, evasive, and unsatisfactory.
11. The Commission observes that though the Respondents were in possession of material information such as the total number of vacant CFO posts (5 since 01.02.2020), the same was not communicated to the Appellant.
The Commission also notes that the responsibility of maintaining and disclosing Page 4 of 6 APAR-related information lies primarily with DFS, and not with the cadre controlling authority.
12. In view of the above, the Respondents are directed to provide a revised point-wise reply/information to the Appellant covering all points of the RTI application, strictly as per the available records, within three weeks from the receipt of this order. If any part of the information is not available or exempt under the RTI Act, clear reasons along with supporting provisions must be stated in writing.
13. The Respondent Public Authority is also directed to place a copy of Recruitment Rules relevant to the post of CFO and other cadre posts in the public domain as per Section 4(1)(b) of the RTI Act, and a copy shall be provided to the Appellant free of cost.
14. In addition to the above, the Home Department is advised to issue a formal order clarifying, for each rank, the authority responsible as the reporting, reviewing, and accepting officer for APARs, so that ambiguity is avoided in future.
15. The then PIO, Shri Mukesh Verma, is cautioned for not mentioning his name, designation, and contact details in the RTI reply. He as well as the present PIO are hereby advised to ensure strict compliance with the RTI Act, DoPT guidelines, and CIC directions in all future correspondences.
16. The First Appellate Authority to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 6 Copy To:
The FAA, Additional Secretary, Home-III, GNCTD, 5th Level, C-Wing, Delhi Secretariat, I. P Estate, New Delhi - 110002 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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